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7 LONG TITLE
8 General Description:
9 This bill establishes requirements regarding a municipality's or county's regulation of
10 the number of animals an individual may have on the individual's property.
11 Highlighted Provisions:
12 This bill:
13 ▸ allows an individual to keep one or more animals on the individual's property unless
14 the presence of the animal or animals violates certain standards established by the
15 municipality or county; and
16 ▸ establishes requirements for a municipal or county ordinance that regulates the
17 number of animals an individual may have on the individual's property.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 ENACTS:
24 10-8-60.5, Utah Code Annotated 1953
25 17-50-336.5, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 10-8-60.5 is enacted to read:
29 10-8-60.5. Animals on private property.
30 (1) Notwithstanding any law or ordinance adopted by a municipality, an individual
31 may keep one or more animals on the individual's property unless the municipality:
32 (a) by ordinance, establishes nuisance standards for determining when the presence of
33 an animal or animals unreasonably degrades the health, safety, noise, odor, or sanitation of the
34 environment of another property; and
35 (b) upon investigation, finds that an individual's animal or animals are in violation of
36 the standards that the municipality establishes under Subsection (1)(a).
37 (2) In accordance with standards that the municipality establishes under Subsection
38 (1)(a), a municipality may, by ordinance:
39 (a) specify that an individual's animals are presumed to comply with the standards if
40 the individual owns fewer than a specified number of a certain type of animal on a specified
41 size of property; and
42 (b) prohibit an individual from keeping a specified type of animal on property that is
43 located within a specified type of zone that the municipality establishes under Chapter 9a,
44 Municipal Land Use, Development, and Management Act.
45 (3) A presumption described in Subsection (2)(a) is rebuttable by:
46 (a) proof that an individual who keeps a greater number of animals than is authorized
47 by an ordinance described in Subsection (2)(a) keeps the animals in compliance with the
48 standards established under Subsection (1)(a); or
49 (b) proof that an individual who keeps an equal or lesser number of animals than is
50 authorized by an ordinance described in Subsection (2)(a) keeps the animals in violation of the
51 standards established under Subsection (1)(a).
52 Section 2. Section 17-50-336.5 is enacted to read:
53 17-50-336.5. Animals on private property.
54 (1) Notwithstanding any law or ordinance adopted by a county, an individual may keep
55 one or more animals on the individual's property unless the county:
56 (a) by ordinance, establishes nuisance standards for determining when the presence of
57 an animal or animals unreasonably degrades the health, safety, noise, odor, or sanitation of the
58 environment of another property; and
59 (b) upon investigation, finds that an individual's animal or animals are in violation of
60 the standards that the county establishes under Subsection (1)(a).
61 (2) In accordance with standards that the county establishes under Subsection (1)(a), a
62 county may, by ordinance:
63 (a) specify that an individual's animals are presumed to comply with the standards if
64 the individual owns fewer than a specified number of a certain type of animal on a specified
65 size of property; and
66 (b) prohibit an individual from keeping a specified type of animal on property that is
67 located within a specified type of zone that the county establishes under Chapter 27a, County
68 Land Use, Development, and Management Act.
69 (3) A presumption described in Subsection (2)(a) is rebuttable by:
70 (a) proof that an individual who keeps a greater number of animals than is authorized
71 by an ordinance described in Subsection (2)(a) keeps the animals in compliance with the
72 standards established under Subsection (1)(a); or
73 (b) proof that an individual who keeps an equal or lesser number of animals than is
74 authorized by an ordinance described in Subsection (2)(a) keeps the animals in violation of the
75 standards established under Subsection (1)(a).
76 Section 3. Effective date.
77 This bill takes effect on July 1, 2019.